Gruber in 2012 is two steps removed from the legislation. First, he wasn’t a legislator (contrast Olympia Snowe) who can speak to intent. Second, it’s two years later, when he was well aware of exactly this legal challenge coming down the pipeline, not (necessarily) speaking to how the law was intended.

What’s the worst case scenario for the defeatist congressional Republicans? Authorize subsidies to federally operated exchanges through 3/31/2017. But give states the right to opt-out. If Obama vetoes it, it’s on him.